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Stuart Lieberman
Stuart Lieberman, Esq.
liebermanblecher.com

*NJ Deputy Attorney General assigned to the State Department of Environmental Protection from 1986 - 1990.
*Partner in the environmental law firm of Lieberman & Blecher, P.C. in Princeton, New Jersey
*Lectures for the N.J. Institute for Continuing Legal Education (ICLE), and is available for other speaking engagements through the year.


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THE ENVIRONMENT
GET YOUR HEAD OUT OF THE FOG
Stuart Lieberman, Esq.,

Foggers are great products, especially for those of us who just hate roaches. If you live in any kind of urban environment you know about roaches and you hate them. You'll do anything to get rid of them, and foggers are effective.

All you do is unleash the fogger content, leave the house, come back later and the problem is over. Yes, you will find some dead critters, and there is a smell, but the problem is over. At least on a short term basis. But, can foggers be dangerous? Some reports suggest they might be and I wanted to share this with you.

A Trenton woman was recently badly burned after she used one of those fogger products to eliminate insects from her apartment. According to fire department officials, fumes from the fogger accumulated at explosive levels, which were then ignited by a kitchen stove pilot light. The explosion left the apartment building and two adjacent buildings uninhabitable.

News reports suggested that the fogger was misused. Local officials believe that at least six -six ounce cans of the product were allegedly used in the apartment. This is at least the second fogger related explosion that I recall hearing about.

Having checked around, I have learned that there have been several explosions apparently relating to the use of these products and there have been reported deaths as well. For 12 years, the Environmental Protection Agency has been looking at, suggesting, considering, proposing again, and internally deliberating proposals to require that these products be labeled to reflect a possible fire hazard.

This is a classic case of government inaction. We have been hearing a lot about government inaction lately. Instead of promptly doing something, it appears as if the government effectively did nothing while Americans were at risk. It ended with rules that went into effect in 1999, calling for labels stating the products are "highly flammable." In a prior proposal, the label would have warned that the products are "extremely flammable." This was yet another compromise.

The EPA believes that many fogger accidents result from product overuse. Overuse results in the introduction of an excessive amount of material into the air and a dangerous buildup of flammable vapors. Generally, the EPA advises that one six ounce or eight ounce fogger is sufficient for an average size room. Smaller sizes are available for apartments. Foggers should not be used in very small spaces such as closets or cabinets. In any event, read and understand the instructions on the can before using the product. You do not want to cause an explosion.

There is an equation that people can use to calculate fogger use. One ounce of product should cover 1000 cubic feet of living space. But many people in this country cannot follow the instructions on a voting ballot, so what do you think are the chances that people are going to do this math -- and get it right? Again, the instructions on the product are the ones that you need to carefully understand and follow.

Ignition sources that can pose a danger include open flames, pilot lights, and sparks from electrical equipment that cycle on such as refrigerators and air conditioners. Roaches are often found in kitchen areas, and kitchens are often not that big. If you have to turn off your pilot flame, do you also have to turn off the gas supply? USERS NEED TO CONTACT THEIR GAS SUPPLIER TO FIND OUT. But, how many people do you believe really take these measures?

In short, foggers work and are effective. Putting aside any human health concerns associated with the use of these products, people really need to appreciate that there are fire and explosion risks associated with the mis-use of these products. Read the labels very carefully. Call your gas suppliers and other appropriate officials if you have questions. Just because you can readily buy these products does not mean they can be irresponsibly used.

The information provided in this column is written by Stuart Lieberman,a practicing environmental attorney, and is for general information purposes only. It is not legal advice and should not be used in place of legal advice.

Stuart Lieberman, Esq., and IRED.Com, Inc., will not accept any responsibilty for any reliance on the information in this column or any damages whatsoever resulting from reading this column.


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